Andhra Pradesh Reorganisation Act, 2014

[Act No. 6 of 2014]

[1st March, 2014]

PREAMBLE

An Act to provide for the reorganisation of the existing State of Andhra Pradesh and for matters connected therewith.

Be it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:--

Part I - PRELIMINARY

Section 1 - Short title

This Act may be called the Andhra Pradesh Reorganisation Act, 2014.

Section 2 - Definitions

In this Act, unless the context otherwise requires,--

(a) "appointed day" means the day which the Central Government may, by notification in the Official Gazette, appoint;

(b) "article" means an article of the Constitution;

(c) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950 (43 of 1950);

(d) "Election Commission" means the Election Commission appointed by the President under article 324;

(e) "existing State of Andhra Pradesh" means the State of Andhra Pradesh as existing immediately before the appointed day;

(f) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the existing State of Andhra Pradesh;

(g) "notified order" means an order published in the Official Gazette;

(h) "population ratio", in relation to the States of Andhra Pradesh and Telangana, means the ratio of 58.32: 41.68 as per 2011 Census;

(i) "sitting member", in relation to either House of Parliament or of the Legislature of the existing State of Andhra Pradesh, means a person who immediately before the appointed day, is a member of that House;

(j) "successor State", in relation to the existing State of Andhra Pradesh, means the State of Andhra Pradesh or the State of Telangana, as the case may be;

(k) "transferred territory" means the territory which on the appointed day is transferred from the existing State of Andhra Pradesh to the State of Telangana;

(l) "treasury" includes a sub-treasury; and

(m) any reference to a district, mandal, tehsil, taluk or other territorial division of the existing State of Andhra Pradesh shall be construed as a reference to the area comprised within that territorial division on the appointed day.

Part II - REORGANISATION OF THE STATE OF ANDHRA PRADESH

Section 3 - Formation of Telangana State

On and from the appointed day, there shall be formed a new State to be known as the State of Telangana comprising the following territories of the existing State of Andhra Pradesh, namely:--

Adilabad, Karimnagar, Medak, Nizamabad, Warangal, Rangareddi, Nalgonda, Mahbubnagar, 1[Khammam (but excluding the Mandate of Kukunoor, Velairpadu and Bhurgampadu but not including its revenue villages of Pinapaka, Morampalli Banzar, Bhurgampad, Nagineniprolu, Krishnasagar, Tekula, Sarapaka, Iravendi, Mothepattinagar, Uppusaka, Sompalli and Nakripeta under the Palvancha Revenue Division, and the Mandals of Chintoor, Kunavaram, Vararamachandrapuram and Bhadrachalam but not including the revenue village of Bhadrachalam under the Bhadrachalam Revenue Division)] and Hyderabad districts,

and thereupon the said territories shall cease to form part of the existing State of Andhra Pradesh.

Footnote:

1. Substituted by the Andhra Pradesh Reorganisation (Amendment) Act, 2014 (Act No. 19 of 2014) w.e.f. 29.05.2014 for the following: -

"Khammam (but excluding the revenue villages in the Mandals specified in G.O.Ms. No. 111 Irrigation & CAD (LA IV R&R-I) Department, dated the 27th June, 2005 and the revenue villages of Bhurgampadu, Seetharamanagaram and Kondreka in Bhurgampadu Mandal)"

Section 4 - State of Andhra Pradesh and territorial divisions thereof

On and from the appointed day, the State of Andhra Pradesh shall comprise the territories of the existing State of Andhra Pradesh other than those specified in section 3.

Section 5 - Hyderabad to be common capital for States of Telangana and Andhra Pradesh

(1) On and from the appointed day, Hyderabad in the existing State of Andhra Pradesh, shall be the common capital of the State of Telangana and the State of Andhra Pradesh for such period not exceeding ten years.

(2) After expiry of the period referred to in sub-section (1), Hyderabad shall be the capital of the State of Telangana and there shall be a new capital for the State of Andhra Pradesh.

Explanation.--In this Part, the common capital includes the existing area notified as the Greater Hyderabad Municipal Corporation under the Hyderabad Municipal Corporation Act, 1955 (Hyderabad Act No. 2 of 1956).

Section 6 - Expert Committee for setting up of a capital for Andhra Pradesh

The Central Government shall constitute an expert committee to study various alternatives regarding the new capital for the successor State of Andhra Pradesh and make appropriate recommendations in a period not exceeding six months from the date of enactment of the Andhra Pradesh Reorganisation Act, 2014.

Section 7 - Governor of existing State of Andhra Pradesh to be common Governor

On and from the appointed day, the Governor of the existing State of Andhra Pradesh shall be the Governor for both the successor States of Andhra Pradesh and Telangana for such period as may be determined by the President.

Section 8 - Responsibility of Governor to protect residents of common capital of Hyderabad

(1) On and from the appointed day, for the purposes of administration of the common capital area, the Governor shall have special responsibility for the security of life, liberty and property of all those who reside in such area.

(2) In particular, the responsibility of the Governor shall extend to matters such as law and order, internal security and security of vital installations, and management and allocation of Government buildings in the common capital area.

(3) In discharge of the functions, the Governor shall, after consulting the Council of Ministers of the State of Telangana, exercise his individual judgment as to the action to be taken:

Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-section required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment.

(4) The Governor shall be assisted by two advisors to be appointed by the Central Government.

Section 9 - Assistance of police forces from Central Government to successor States, etc

(1) The Central Government shall assist the successor States of Andhra Pradesh and Telangana to raise additional police forces.

(2) The Central Government shall, for a period of three years, on and from the appointed day, maintain and administer the Greyhound Training Centre in Hyderabad which shall function as a common training centre for the successor States and, at the expiry of the said period, the existing Greyhound Training Centre in Hyderabad shall become the training centre of the State of Telangana.

(3) The Central Government shall assist the successor State of Andhra Pradesh to set up a similar state-of the-art training centre at such place as the State Government of Andhra Pradesh may by order notify.

(4) The Central Government shall provide financial assistance to the successor States in setting up new operational hubs for Greyhounds at such locations as the successor States may by order notify.

(5) The Greyhound and OCTOPUS forces of the existing State of Andhra Pradesh shall be distributed between the successor States after seeking options from the personnel and, each of these forces, on or after the appointed day shall function under the respective Director General of Police of the successor States.

Section 10 - Amendment of First Schedule to Constitution

On and from the appointed day, in the First Schedule to the Constitution, under the heading "I. THE STATES",--

(a) in the paragraph relating to the territories of the State of Andhra Pradesh, after the words, brackets and figures "Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (56 of 1959)", the following shall be inserted, namely:--

"and the territories specified in section 3 of the Andhra Pradesh Reorganisation Act, 2014";

(b) after entry 28, the following entry shall be inserted, namely:--

"29. Telangana: The territories specified in section 3 of the Andhra Pradesh Reorganisation Act, 2014.".

Section 11 - Saving powers of State Governments

Nothing in the foregoing provisions of this Part shall be deemed to affect the power of the Government of Andhra Pradesh or the Government of Telangana to alter, after the appointed day, the name, area or boundaries of any district or other territorial division in the State.

Part III - REPRESENTATION IN THE LEGISLATURES

Section 12 - Amendment of Fourth Schedule to Constitution

On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table,--

(a) in entry 1, for the figures "18", the figures "11" shall be substituted;

(b) entries 2 to 30 shall be renumbered as entries 3 to 31, respectively;

(c) after entry 1, the following entry shall be inserted, namely:--

"2. Telangana..............................................7".

Section 13 - Allocation of sitting members

(1) On and from the appointed day, eighteen sitting members of the Council of States representing the existing State of Andhra Pradesh shall be deemed to have been elected to fill the seats allotted to the States of Andhra Pradesh and Telangana, as specified in the First Schedule to this Act.

(2) The term of office of such sitting members shall remain unaltered.

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